Ever have an argument with your significant other over a Facebook status or tagged photo? Are you married to a chronic oversharer?

More and more couples are seeking to dictate what can and can’t be posted online by signing “social media prenuptial agreements,” documents that determine what’s OK to share online about one’s significant other.


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“This is relatively new,” said Ann-Margaret Carrozza, a New York-based attorney who specializes in estate planning.

Carrozza has been doing prenuptial agreements for 10 years and only in recent months has she seen couples interested in including a social media clause. Carrozza said she does five so-called “love contracts,” or lifestyle provisions in prenups or post-nuptial agreements, per week and started offering social media clauses for those negotiations about two months ago. In that time, she said, about a third of her clients have been interested in having such a clause in writing.

“It’s a huge issue because we all know this stuff, once it’s out there, you can’t shake it,” Carrozza said. “It can be humiliating. It can be painful. ... It’s really no joke, and I expect this clause to become much more important with any of the other contracts.”

A typical social media clause will state that couples can’t post nude photos, embarrassing photos or photos or posts that are likely to harm a spouse’s professional reputation, Carrozza said. Her clients don’t pick and choose between what’s acceptable for Facebook versus Instagram, but do more of a blanket provision for all social media.

“There might be a bathing suit photo that might be particularly embarrassing,” Carrozza said. “Posting that would have to be cleared.”

With her clients, Carrozza said, the penalty for violating the social media clause has been monetary. The amount set depends on a person’s wealth, she said, but, for example, for someone living in New York City who makes below $5 million, Carrozza said, “the clause we’re using with it is $50,000 per episode,” meaning per post or per tweet.

“We want to be able to contractually limit the damage,” she said. “The damage is psychological, in the case of humiliating posts and tweets and pictures out there, and it’s economic because my career prospects are harmed.”


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The hosts of “Fox and Friends” weighed in this morning on the idea of a social media prenup. Hear what they had to say in the video above, and sound off in the comments below.